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2024 Supreme(Raj) 800

NUPUR BHATI
United India Insurance Company Limited – Appellant
Versus
Bharti W/o Late Pukhraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anil Kaushik.
For the Respondent: Mr. Bharat Singh.

JUDGMENT :

1. The appellant/non-claimant No.3 has filed by the instant appeal under Section 173 of the M.V. Act, 1988, challenging the validity of the judgment and award dated 03.04.2019 passed by learned Judge, Motor Accident Claims Tribunal, Pali (‘Tribunal’) in MAC Case No.109/2018, whereby the learned Tribunal has awarded compensation in favour of claimants to tune of Rs.14,04,000/- along with interest @ 9% p.a. from the date of filing the claim petition on account of death of Sh. Pukhraj.

2. Briefly stated, the facts of the case are that claimants filed a claim petition under Section 140/166 of the M.V. Act, 1988 before the learned Tribunal claiming compensation on account of untimely death of their breadwinner late Sh. Pukhraj. In the claim petition it was stated by the claimants that on 19.11.2017, while deceased was riding on Motorcycle No.RJ-22-AS-9603 from Sanwata Khurd to Sanwanta Kallan, in the meanwhile another Motorcycle (RJ-22-AS-6018), which was plied by its rider in wrong side, hit the motorcycle of Pukhraj. As a result of which, Pukhraj sustained head injury and he died during treatment on 25.11.2017. At the time of accident, the deceased was 39 years of age and thu

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